The Election Law Program is a joint project of the College of William & Mary Law School and the National Center for State Courts

Friends of ELS Reception Honoring Brand and McCormick, April 13, 2018 at 5:30 at Wiley Rein LLP in Washington DC

Join us as we honor two distinguished friends of ELS, Akin Gump counsel Stan Brand as Outstanding Election Law Educator of the Year and Christy McCormick, Commissioner of the US Election Assistance Commission as W&M Alumna of the Year. In addition to presenting these annual awards to their well-deserving recipients, this event provides an opportunity for current students and alums to meet each other and the distinguished group of election attorneys and officials who are part of our ELS community. RSVP required.

This year's Symposium will kick off with a moot based on an election security meltdown in the fictional state of "Flichigan." The moot will be followed by panel discussions featuring state and federal elections and cybersecurity experts including Joseph Lorenzo Hall of the Center for Democracy and Technology, Kemba Walden of the Department of Homeland Security, Mark Listes of the US Election Assistance Commission, Edgardo Cortes, former Commissioner of the Virginia Department of Elections, John Davisson of the Electronic Privacy Information Center, and Meredith McCoy from the political law group at Venable. This event is free and open to the public. VA CLE credit available. Please regsiter here. Questions? Email elect@wm.edu

Mr. Weare will visit William & Mary to discuss his organization's tireless efforts to advocate for full voting rights for residents of the U.S. territories including Puerto Rico, Guam, the U.S. Virgin Islands, the Northern Mariana Islands and American Samoa. Room 134, Lunch provided. Free and open to the public.

Come hear Dan Weiner, Senior Counsel at the Brennan Center's Democracy Program and former Senior Counsel to FEC Commissioner Ellen Weintraub, discuss challenges facing the FEC and obstacles to reform. Lunch will be served. Free and open to the public. 12:50-1:50 in Rm. 133

With the 2020 Census on the near horizon, significant attention will be placed on redistricting in the coming years. This semester William & Mary law and undergraduate students teamed up to learn mapping software and the law of redistricting. They used this knowledge to redraw eleven Virginia House districts challenged in the 2017 Supreme Court case Bethune-Hill v. Virginia State Board of Elections. You are invited to a special event to learn about redistricting in Virginia and to see the unveiling of the student maps! Join us on Wednesday, November 15, 7:00-8:30 at the Historic Triangle Community Services Center, 312 Waller Mill Road, Williamsburg, VA. This event is free and open to the public with plenty of parking available. This event is co-sponsored by the William & Mary Center for Geospatial Analysis, the William & Mary Election Law Program, and the Williamsburg chapter of the League of Women Voters.

Come hear William & Mary Law School alum and seasoned policy analyst at the Virginia Department of Elections speak about his experiences worked in Election Law, Virginia’s current focus on improving election security, and what to expect from the multiple recounts last Tuesday’s election produced. Rm. 133

Election Law Society Students Host VOTELine, November 7, 2017

On Nov. 7, students at William & Mary Law School are set to run the W&M VOTEline at (757) 742-3095, a voter assistance hotline aimed at responding to questions local citizens have about voting. This non-partisan voter assistance hotline will be operated by students in William & Mary Law School’s Election Law Society.

Revive My Vote featured on ABC News in Richmond, October 26, 2017

Student volunteers at the non-partisan William & Mary Law School project Revive My Vote Jakob Stalnaker '19 and Noelle Harvey '19 spoke with the ABC News Richmond affiliate about rights restoration in Virginia in the lead up to November's election. With generous assistance from the Knight Foundation, Revive My Vote is a non partisan student group that seeks to assist Virginians in regaining the right to vote and providing educational assistance to new and returning voters on the voting process. The news story can be found here. The projects website is www.revivemyvote.com.

Marc Elias is the chair of Perkins Coie’s Political Law practice. His practice focuses on representing public officials, candidates, parties, corporations, tax-exempt organizations and Political Action Committees (PACs) in connection with campaign finance, governmental ethics, and lobbying disclosure. Elias served as general counsel to Hillary for America, the presidential campaign of Hillary Rodham Clinton. He served in the same role for John Kerry’s 2004 presidential campaign. Elias’ clients include the Democratic National Committee, Democratic Senatorial Campaign Committee, Democratic Congressional Campaign Committee, Democratic Governors Associations and U.S. senators, governors, representatives and their campaigns. Come hear Elias discuss election lawyering generally and the 2016 election specifically. Lunch will be served. Rm. 119 at 12:50. Free and open to the public.

Election Assistance Commissioner Christy McCormick, April 6, 2017

The Election Law Society is pleased to welcome EAC Commissioner Christy McCormick to speak at its ELS Speaker Series on April 6 in Room 124. Prior to her appointment by President Obama in December 2014 to the EAC, Commissioner McCormick served as a Senior Trial Attorney in the Voting Section of the Civil Rights Division at the Department of Justice beginning in 2006 until her appointment to the EAC. During her service at DOJ, Commissioner McCormick was detailed by the Deputy Attorney General to be Senior Attorney Advisor and Acting Deputy Rule of Law Coordinator in the Office of the Rule of Law Coordinator at the U.S. Embassy in Baghdad, Iraq from 2009 to 2010 where she assisted in the fair administration of Iraqi elections. Commissioner McCormick will speak about the role of the Election Assistance Commission and the lessons learned in 2016. Lunch provided.

2017 Election Law Symposium: Redistricting 2020: Mapping A New Political Decade, February 17-18, Rm. 119

Fifty years past Baker v. Carr, the historic decision enshrining the principle of “one person one vote,” we remain surprisingly unsettled in our approach to political representation. To wit, even after five cycles of decennial redistricting since the height of the Civil Rights Movement and passage of the historic Voting Rights Act, racial implications of redistricting in this country remain intensely complex and contested. Cases involving redistricting appear before the U.S. Supreme Court with regular frequency. This symposium will explore the most pressing issues facing line drawers in the 2020 redistricting round—from the fate and promise of independent redistricting commissions to racial justice and redistricting to basic principles of political representation and one person one vote. How should states sort political power? What role should the federal government have in policing lines? What is the impact of technological sophistication on the fairness of the redistricting process? What will be the biggest challenges (and opportunities) in the upcoming 2020 round? This symposium lays a definitive academic foundation for the country’s next stab at the maps. Participants include Bruce Cain (Stanford), Wendy K. Tam Cho (Illinois), Guy-Uriel Charles (Duke), Chris Elmendorf (UC Davis), Joseph Fishkin (TX), Edward Foley (Ohio State), Rebecca Green (William & Mary), Richard Hasen (UCI), Dale Ho (ACLU), Michael Kang (Emory), Pamela Karlan (Stanford), Ellen Katz (Michigan), Justin Levitt (Loyola), Rep. Jamin Raskin D-MD, Nick Stephanopoulos (Chicago), Daniel Tokaji (Ohio State), Franita Tolson (Florida State), Emily Zhang (Stanford). Papers from this symposium will be published in the William & Mary Law Review, Volume 59.

William & Mary Election Law Society to Offer VOTEline on Election Day to Assist Voters Encountering Issues at the Polls on Nov. 8

On Nov. 8, 2016, students at William & Mary Law School are set to run the W&M VOTEline at (757) 221-2890, a voter assistance hotline aimed at responding to questions Virginians have about voting. This non-partisan voter assistance hotline will be operated by members of the student Election Law Society.

Women's Law Society to Host Panel, "Women and Political Campaigns," November 1, Rm. 120 at 6:00 pm

Join the Women’s Law Society for a discussion on the issues facingwomen in running for office, including the barriers to launching a campaign and issues of discrimination and sexism while campaigning. The event will consist of a panel discussion, a question and answer session, followed by a reception. Join us in Room 120 at 6:00 PM on Tuesday, November 1.

Is Gov. McAuliffe`s Felon Voting Initiative a key policy change or executive overreach? Join the Federalist Society, ACS, and the Election Law Society for this discussion featuring Hans Von Spakovsky, a Senior Legal Fellow at the Heritage Foundation and Hope R. Amezquita, an attorney and legislative counsel at the ACLU. The event will be held from 12:50-1:50 p.m. in Room 119 of the Law School and lunch will be served.

Election Law Society Speaker Series Welcomes Will Consovoy on October 26, Rm. 239 at 1:00

Will Consovoy of Consovoy, McCarthy Park PLLC, who argued Evenwel v. Abbott at the Supreme Court last term and who sat second chaid for 2013 Shelby County v. Holder to deliver Election Law Speaker Series lecture, "Debunking the The Five Myths of Shelby County v. Holder," Tuesday, October 26 at 1:00 in Room 239. Lunch provided.

Election Law Society: Election 2016 Opportunties to Volunteer!

Several organizations from partisan campaigns to nonpartisan efforts by organizations such as the Lawyers Committee for Civil Rights seek Election Law Society students to volunteer on Election Day. Those interested, please email els.voteroutreach@gmail.com.

Linda Greenhouse will deliver a lecture entitled "Telling it Like it Is: Abortion, Voter ID, and the Increasing Willingness of Courts to Call Out Legislatures for Acting in Bad Faith" at lunch on Sept. 22, in room 127. Sponsored by IBRL and free to all. Coverage of the event here.

Election Law Program Launches eBenchbook Project

The Election Law Program, a joint project of William & Mary Law School and the National Center for State Courts (NCSC), is excited to announce the June 7 launch of its "State Election Law eBenchbook" website, five months before November elections. The eBenchbook resource assists judges in navigating the country's complex election codes. As the November election approaches, judges often must interpret and rule rapidly under the twin pressures of tight timelines and public scrutiny. The eBenchbook seeks to provide resources to judges, the media, and members of the public in understanding arcane state election codes.

Jessica Ring Amunson, prominent election litigation partnr at Jenner & Block in Washington, DC will speak at the law school on her experiences litigating in the redistricting arena and her work on other voting rights cases. Lunch will be provided. Room 141.

The Election Law Society will hold its Fourth Annual DC Friends of ELS Reception on Friday April 1 at the offices of Wiley Rein. This year's festivities will include the presentation of two awards. William & Mary Law School ELS Co-Presidents Will Cooke '17 and Jacob Kipp '17 will present William & Mary Adjunct Professor and Sandler Reiff partner Josh Rosenstein with a teaching award for his dedication to our students. This year's ELS Alumni of the Year award will go to oustanding ELS alum and current Delegate to the Maryland House of Delegates (District 20) Will Smith '09. The law firm of Wiley Rein will again generously host the Friends of ELS event on Friday, April 1 from 5:30 to 7:00 pm. RSVP required.

The Election Law Society and the Election Law Program at William & Mary Law School held the Tenth Annual Election Law Symposium on Thursday, March 17, Fixing the Lists: Data Accuracy and Voting in the 2016 Election. Panelists included David Becker, Director of Election Initiatives at the Pew Charitable Trusts; Commissioner Matthew Masterson of the Election Assistance Commission; Donald Palmer, Senior Adviser on Election Administration at the Bipartisan Policy Center and former chief elections administrator in Virginia and Florida; and Allegra Chapman, Director of Voting and Elections at Common Cause. Elizabeth Howard, Deputy Commissioner for the Virginia Department of Elections and William & Mary School of Law alumna moderated the session.

Stacy Scholl, Democracy Fund, March 3, 2016

Stacey Scholl is the Program Associate for Responsive Politics at the Democracy Fund, a private foundation that fosters the highest ideals of the American republic – government of, by, and for the people. Ms. Scholl will draw from her range of election law knowledge and policy experience at both the state and federal level to deliver remarks on Military and Overseas Voting in the Lead Up to Election 2016. Room 141. Lunch to be provided

The William & Mary Election Law Program is proud to host Jack Young, a renowned election law attorney who represented the Democratic National Committee during the 2000 Florida election recount and recent graduate Rachel Provencher. Young and Provencher will discuss their recent book chapter on election recount administration and litigation in the ABA's American Votes! publication. Room 141. Lunch to be provided.

The William & Mary Election Law Program is pleased to welcome Federal Election Commissioner Lee Goodman to campus on February 8, 2014. Mr Goodman will deliver a talk entitled "Money, Politics, and the Clash of Free Speech Values" on February 8 in Room 127. Lunch will be provided.

Mark Epley, General Counsel to the Speaker of the US House of Representatives, January 28, 2016

Mr. Epley, currently General Counsel to the Speaker of the House in the U.S. House of Representatives, previously served a number of important roles on the Hill, such as General Counsel & Oversight Staff at the Ways and Means Committee, Chief Oversight Consel at the House Financial Services Committee. He also served as Associate Deputy General Counsel at the United States Department of Defense. Mr. Epley will speak about his experiences in Washington on January 28, 2016 in Room 141. Lunch to be provided.

The William & Mary Election Law Program is proud to host prominent voting rights attorney Dale Ho who will be guest lecturing in law school classes and delivering an Election Law Speaker Series talk on his experiences bringing Voting Rights Act claims post-Shelby County. His talk will take place on Monday, November 30. Lunch will be served; Room TBD

Megan Sowards, General Counsel Jeb Bush '16, November 11, 2015

The Election Law Speaker Series will feature Jeb '16 General Counsel Megan Sowards on November 11. Sowards previously served as General Counsel for the National Republican Senatorial Committee and will share her perspective on the role of the general counsel in presidential campaigns. Lunch to be served; Room 141

Chair of FEC Ann Ravel Speaks at William & Mary Law, November 5, 2015

Please join us for the November 5th Election Law Speaker Series when Federal Election Commissioner Ann Ravel will share with us the role that the FEC plays in reigning in the abuses of raising and spending money in elections and her take on campaign spending in the 2016 Presidential Election. Lunch to be served; Room 124

In 2013, the Election Law Program teamed up with the Williamsburg Bar Association to form Revive My Vote to assist Virginians with felony convictions regain their right to vote (in Virginia, people convicted of a felony lose their right to vote permanently unless they undertake an application process to have their rights restored). We are pleased to announce that the Knight News Challenge has selected Revive My Vote to receive a $230,000 grant to expand its outreach efforts and reduce application processing times. William & Mary Law students will join students and attorneys across the state to significantly expand Revive My Vote's reach and impact. Read more here.

The Election Law Society will hold its Third Annual DC Friends of ELS Reception on Friday March 20 at the offices of Wiley Rein. This year's festivities will include the presentation of two awards. William & Mary Law School ELS Co-Presidents Allison Davis '16 and Peter Recter '16 will present William & Mary Adjunct Professor and Sandler Reiff partner Neil Reiff with a teaching award for his dedication to William & Mary Law School and teaching prowess in Campaign Finance. William & Mary alum Jason Torchinsky will present his fellow alum, Brandis Zehr '09, Wiley Rein attorney and former ELS co-president, this year's ELS Alumni of the Year award (The law firm of Wiley Rein will generously host the Friends of ELS event on Friday, March 20 from 6:00 to 8:00 pm. RSVP required.

Election Law Speaker Series: DC Political Law Attorney Stanley Brand, March 26, 2015

Mr. Brand, DC lawyer who practices at the intersection of politics and political law was from 1976 to 1983 General Counsel to the US House of Representatives under Speaker Thomas P. "Tip" O'Neill, Jr., and the House's chief legal officer responsible for representing the House, its members, officers and employees in connection with legal procedures and litigation arising from the conduct of their official activities. Mr. Brand will deliver his talk, "Secretary Clinton's Emails: Congressional Subpoenas, Criminal Law and Independent Counsel Investigations" in Room 133 at the lunch hour. Lunch to be served. Free and open to the public.

William & Mary Law Students Draft Early Voting Report for Virginia League of Women Voters

Two William and Mary students, Shana Oppenheim '16 and Carrie Mattingly '15 have drafted a report for the Virginia League of Women Voters titled, Voting Before Election Day: A Policy Paper on the Benefits and Challenges of Expanded Early Voting in Virginia. Those interested in reading the report can find it here.

The Election Law Society and the Election Law Program at William & Mary Law School will hold the Ninth Annual Election Law Symposium to take place on Thursday, February 26. Featuring prominent election attorneys, voting rights advocates, and a former Texas Solicitor General, the symposium addresses the topic, “Pre-election Litigation: Judicial Influence Before Election Day” and evaluates the current state of pre-election litigation and the unique challenges courts face hearing cases in the run up to elections. Panelists scheduled to participate include Dale Ho, Director of the Voting Rights Project at the ACLU; Nicole Austin-Hillery, Director and Counsel for the Washington, D.C. office of the Brennan Center for Justice; Jonathan Mitchell, former Solicitor General for the Texas Attorney General’s Office and current Searle Visiting Professor of Law at the University of Texas Law School; and William Consovoy, Partner at Consovoy McCarthy PLLC. The event will take place February 26 at 3:30 PM at the William & Mary Law School in Room 124 with a reception to follow at 5:00 PM. The event is free and open to the public.

ELS is honored to host Secretary Levar Stoney to discuss the status of rights restoration in Virginia under his watch. Virginia is one of only four states to permanently disenfranchise individuals convicted of a felony. Governor McAulliffe has charged Secretary Stoney with making real progress on this issue. Secretary Stoney will address what his office has done to ease the path towards the vote for Virginians convicted of felonies. 12:50, Rm. 141. Lunch provided. Free and open to the public.

Democracy Fund Awards the Election Law Program Grant to Produce Election Law eBenchbook Series, January 2015

The William & Mary Election Law Program announces a new initiative to develop State Election Law eBenchbooks to assist courts adjudicating election matters. A high volume of election litigation--particularly in close proximity to elections--threatens to erode public faith in election processes, alienate voters, and diminish democratic institutions. Yet judges must decide cases often under immense time pressure and with many eyes watching. It is crucially important that judges understand the unique challenge election litigation presents and have the necessary state-focused resources available to decide election cases in a fair, uniform, and timely manner. To address these concerns, and with the support of the Democracy Fund, the Election Law Program will create State Election Law eBenchbooks in three states as a means of informing state and federal judges about the intricacies of state election ecosystems. Under the supervision of Professor Rebecca Green, and with substantial input from expert in-state election advisors, William & Mary law students will research and create the eBenchbook sites for judicial use in the lead up to and following the 2016 presidential election.

Election Law Speaker Series Event: John Hardin Young on International Elections: Preventative Mediation in Conflict-Prone States, February 11, 2014, Rm. 141 at 12:50

Election Attorney John Hardin Young of Sandler Reiff in Washington, DC and Chair of the ABA Standing Committee on Election Law will speak to students about his recent international elections work in a talk titled International Elections:Preventative Election Mediation in Conflict Prone Zones. Rm 141, 12:50 to 1:50. Lunch to be provided. Free and open to the public.

The Election Law Society and the Federalist Society are pleased to co-host Bert Rein, named partner of the Washington law firm of Wiley Rein, LLP, to speak about his experience successfully arguing the landmark Voting Rights Act case Shelby County v. Holder and the recent affirmative action case Fisher v. University of Texas before the U.S. Supreme Court. Tuesday October 21, 2014, 12:50 in Room 127. Lunch to be provided. Free and open to the public.

The Election Law Society is pleased to announce its first Election Law Speaker Series event for the 2014-15 academic year on Wednesday, September 24 at 12:50 in Room 141. The event will feature Jason Torchinsky '01, Partner at Holtzman Vogel. Torchinsky will present “Running for President in 2016? The Complex Laws You Have to Navigate.” An experienced election attorney representing candidates on campaigns, recounts, and campaign finance compliance, Torchinsky will share his thoughts on the intricacies of representing presidential candidates. Torchinsky served as Deputy General Counsel to Bush-Cheney '04. Lunch to be provided. Free and open to the public.

2nd Annual DC Friends of ELS Reception, March 21, 6:00 at Wiley Rein

The Election Law Society held its Second Annual DC Friends of ELS Reception. This year's festivities included the presentation of two awards. Virginia Attorney General Mark Herring presented William & Mary Adjunct Professor Marc Elias with a teaching award for his outstanding courses in post-election litigation and advanced election law topics. William & Mary alum, election attorney, and ELS co-founder Liz Howard '09 received the ELS Alumni of the Year award (last year's award went to Jeff Palmore '09). The law firm of Wiley Rein generously hosted the Friends of ELS event on Friday, March 21.

8th Annual Election Law Symposium: McCutcheon and the World of Political Giving, February 27, 2014, 3:30-5:00, Rm. 124

Participants at the 8th Annual William & Mary Election Law Symposium included Ken Gross (Skadden); Larry Noble (former FEC general Counsel); and Trevor Potter (Caplin Drysdale). Participants discussed the functional impact of the 2013 term's most important campaign finance case, McCutcheon v. FEC. This symposium draws together election and political law practitioners to explore the practical impact of the case on current trends in campaign giving on both the legal and political arenas. This symposium is free and open to the public. CLE credit pending. Please join us on February 27 in Room 124. 3:30-5:00. Wine and cheese reception to follow.

The Election Law Program will convene leading election law practitioners, scholars, and politicians for this event in DuPont Circle in Washington, D.C., on February 21. The program is sponsored by the Institute of Bill of Rights Law and DC Vote. Papers from the symposium will be published in the Fall 2014 edition of the William & Mary Bill of Rights Journal. Click here for the flyer. Learn more from our press release, event schedule, and participants' biographies. Registration prior to the event is required due to limited seating. Click here to register.

Ben Ginsberg to deliver Election Law Speaker Series Lecture, “Election Law War Stories” Tuesday, November 12th, 2013, 12:50pm, Rm. 127

Recognized as one of the country's most influential election lawyers, Patton Boggs attorney and William & Mary Election Law Program Advisory Board Member Benjamin Ginsberg will deliver a lecture entitled Election Law War Stories describing his experiences as an election attorney and offering advice to those who hope to enter the field. Mr. Ginsberg served as national counsel to the 2000 and 2004 Bush-Cheney Presidential campaign (playing a central role in the 2000 Florida recount); Ginsberg served as national counsel to the Romney Presidential campaign; and serves as counsel to the Republican Governors Association. President Obama appointed Mr. Ginsberg to co-chair the Presidential Commission on Election Administration which began its work in May 2013. Mr. Ginsberg will be discussing his experiences as an election attorney on matters ranging from campaign finance to campaigns and pols. Mr. Ginsberg will offer his perspective on the development of the field and what it is like to practice in this area. Tuesday, November 12th, 2013, 12:50pm, Rm. 127. Lunch will be served. Free and open to the public, space permitting.

Join ELS and Richard Pilger, Director of the Election Crimes Branch of the United States Department of Justice, for a lecture on the Criminal Enforcement of Election Law. Mr. Pilger was previously a Senior Trial Attorney in the Public Integrity Section of the Criminal Division of the United States Department of Justice. Mr. Pilger will discuss his work in the Public Integrity Section where he currently supervises federal criminal election cases nationwide. Wednesday, October 23rd, 2013, 1pm. Room 141. Lunch will be served. Free and open to the public, space permitting.

ELS is pleased to host Jack Young, lawyer at Sandler, Reiff, Young & Lamb for a lecture on International Election Monitoring related to his recent work in Nigeria. Mr. Young is former General Counsel for the VA State Board of Elections, an Adjunct Professor at William & Mary Law (International Election Principles), and Global Advisor for Nigeria’s Electoral Commission promoting Electoral Alternative Dispute Resolution. Mr. Young will discuss International Election Monitoring in relation to his recent work in Nigeria. Thursday, October 3rd, 2013, 1pm. Room 141. Lunch will be served. Free and open to the public, space permitting.

Ashley Carter joins the Election Law Speaker Series Lecture, “Voter Protection in the 21st Century, the Voting Rights Act, and their confluence on Virginia’s gubernatorial election.” Wednesday, October 2nd, 2013, 12:50pm, Rm. 141

Join ELS and Ashley Carter, Election Day Operations Director with the Cuccinelli campaign for a lecture on Voter Protection as it relates to arguably the biggest race in the 2013 cycle, the Virginia gubernatorial election. Carter has experience in the Maryland General Assembly as a Legislative Aide to Maryland State Delegate John Arnick and was the Campaign Manager for Jeanne Allen for Delegate, MD-16. Cater will discuss the role of recent election law changes and efforts of voter protection in the gubernatorial campaign. Wednesday, October 2nd, 2013, 12:50pm. Room 141. Free and open to the public, space permitting. (This event is a counterpoint to the event held on Wednesday, September 17 featuring Matthew Weinstein of the McAuliffe Campaign on the topic of Voter Supression in Virginia.)

William & Mary Students to Provide Research Support to Newly-Established Presidential Commission on Election Administration

Five William & Mary Law School students will provide research support to Election Law Program Advisory Committee members and Presidential Commission on Election Administration Co-Chairs Ben Ginsberg of Patton Boggs and Robert Bauer of Perkins Coie. Kayla McCann '14, Shanna Reulbach '13, Jim Ogorzalek '14, Anisa Somani '14, and Megan Mitchell '13 are working to support the Presidential Commission on Election Administration by compiling and drafting research memos as requested. As they are able, the students will also attend Commission meetings in Washington, DC.

William & Mary Students Draft ABA Standing Committee on Election Law Report: Election Delays in 2012

The American Bar Association Standing Committee on Election Law chairs Trevor Potter of Caplin & Drysdale and John Hardin Young of Sandler Reiff Young & Lamb requested assistance from students in William & Mary Law School’s Election Law Society to research and draft a report on election delays in 2012. William & Mary Law students Emily Lippolis ’14, Shanna Reulbach ’13, and Andrew McCoy ’13 researched and drafted the report under Professor Rebecca Green’s supervision. The report is a descriptive effort, drawing on media coverage and interviews with election officials to dissect when, where, and under what circumstances voters experienced delays on or before Election Day 2012. While the report does not itself endorse specific recommendations, the Report surveys observations and suggested avenues for reform from prominent voting rights organizations, media outlets, and election officials. Professor Green, Co-Director of William & Mary Law’s Election Law Program, expressed great satisfaction with the project: “Shanna, Andy, and Emily put a tremendous amount of work putting together this very thorough report. Their superior research and writing abilities really shine through in the final product.” As to the findings itself, Green noted, “This is an enormously complex problem with no one-size-fits-all solution. I think the goal of this Report is to propel discussion towards making voting in this country as efficient as possible. William & Mary was thrilled and honored to be part of this effort.” The final report, unanimously approved by the ABA’s bipartisan Standing Committee on Election Law is available here.

The William & Mary Election Law Society is pleased to announce its First Annual Award for Excellence in the Field of Election Law. This year's award recipient is Jeff Palmore, '00 JD '09, Director of Policy Development and Deputy Counselor to Governor Bob McDonnell. Wiley Rein partner and William & Mary Adjunct Professor Michael Toner will present the award at a Friends of ELS event at Wiley Rein in Washington DC on March 15, 2013 from 5:00-7:00. Alumni and students interested in attending, please RSVP [[rgreen,here]].

President Obama Appoints Election Law Program Advisory Board Members Bob Bauer and Ben Ginsberg to Run Presidential Commission on Election Administration

During his State of the Union on February 12, 2013, President Obama tapped two friends of the William & Mary Election Law Program to lead a presidential commission to evaluate and make recommendations to improve election administration in this country. Bauer and Ginsberg are no strangers to William & Mary Law. Both sit on the Advisory Board to the Election Law Program. And, in 2009, the pair traveled to Williamsburg for William & Mary’s Third Annual Election Law Symposium, “Campaigning in the Courts: The Rise of Election Litigation.” The symposium examined the rising tide of litigation as a central campaign strategy. In conjunction with the symposium, Bauer and Ginsberg also filmed a web lecture entitled “A View from the Trenches: Advice for Judges Handling Election Related Lawsuits” for the Election Law Program resource website electionlawissues.org. Moderated by William & Mary Law School Dean Davison Douglas, Bauer and Ginsberg provided their observations on trends in election litigation since Bush v. Gore.

Marc Elias to deliver Election Law Speaker Series Lecture, "The Voting Rights Act: Will it Survive the Current Attack?" Monday, February 18, 2013, 1:00, Rm. 133

Join ELS and Marc Elias, Partner at Perkins Coie and William & Mary Adjunct (Advanced Election Law, Post Election Litigation), for a lunch lecture on the Voting Rights Act. Elias served lead counsel for Sen. Al Franken in America's longest and costliest recount. He also recently filed an amicus brief in support of the VRA on behalf of his client Senate Majority Leader Harry Reid. Elias will discuss the future of the Act in light of the current challenge. Monday, February 18, 1 p.m. Room 133. Sal's pizza will be served. Free and open to the public, space permitting.

Two William & Mary Law Students File Federal Amicus Brief in Virginia Felon Voting Case

On December 10, 2012, W&M Law students Kate Ward '13 and Elderidge Nichols '13, under the supervision of Prof. Rebecca Green, filed an amicus brief in the case Sa'ad El-Amin v. Commonwealth in the United States District Court for the Eastern District of Virignia in Richmond. The case challenges Virignia's felon disenfranchisement law. Virginia is one of four states to permanently disenfranchise felons. The brief, which did not analyze the strengths and weaknessness of each of the plaintiffs claims, instead forwarded two arguments challenging the constitutionality of Virginia's felon disenfranchisement on due process and equal protection grounds. See here for a more detailed description of the brief and its arguments. Ward and Nichols will attend the oral argument in Richmond slated for February 22.

Heeding President Obama's call to "fix that," this year's Election Law Symposium will draw together top attorneys, election administrators, and scholars to examine the problem of Election Day delays. Confirmed participants include former White House Counsel Robert Bauer of Perkins Coie, Doug Chapin of the Humphrey School of Public Affairs, Cleta Mitchell of Foley & Lardner, Colorado Secretary of State Scott Gessler, University of Maryland election technology expert Professor Paul Herrnson, and John Fortier of the Bipartisan Policy Center. This event is free and open to the public.

The Election Law Program Completes Third Election Law War Game, Neenah, WI December 7, 2012

On December 7, 2012, the Election Law Program undertook its third “Election Law War Game” at a conference of trial and appellate judges in Neenah, Wisconsin. Two very able Wisconsin election attorneys, James Troupis and Matthew O'Neill, artfully argued their case before a three-judge panel and our audience of Wisconsin judges. The Wisconsin war game focused on a hypothetical scenario developed with the enthusiastic participation of the director of Wisconsin's elections. The scenario explored the issue of ballot spoliation and the right to recast a ballot spoiled upon accidental overvoting in a 2014 gubernatorial election. While one Wisconsin statute allows for in-person voters who overvote to spoil their ballot and start afresh, another statute seemingly denies the same right to absentee voters. Of particular importance in our hypothetical case was that a design flaw in the ballot (based on a problem Wisconsin experienced in the November 6 election) which caused a high number of voters to accidentally overvote. Those interested may view the full set of documents (scenario overview, briefs, bios, etc.) here.

Join us for this special two-part event: two of Washington's top campaign finance attorneys will speak to students about takeaways on campaign spending after the 2012 election. First on Nov. 14, Robert K. Kelner of Covington & Burling will offer "Citizens United and Super PACs: Much Ado About Nothing" followed by Neil Reiff of Sandler Reiff & Young who will discuss, "What Does 2 Billion Dollars Buy You?: Reflections on 2012 Election Spending?" on Nov. 15. Both events will take place in Room 141 at the Law School. Lunch will be provided, please RSVP [[rgreen,here]]. These two events are free and open to the public.

John Hardin Young to Discuss Mediation and Election Dispute Resolution at Election Law Speaker Series Event, October 25, 1:00, Rm. 141

John Hardin Young of Sandler, Reiff, Young and Lamb will deliver a speaker series event talk entitled, "Electoral Conflict in Nigeria: Avoiding Violence through Mediation" based on his experience in international election consulting in Africa. Young is a William & Mary Adjunct Professor and prominent election attorney based in DC. Lunch to be provided. Please rsvp [[rgreen,here]]. This event is free and open to the public.

Election Law Society's State of Elections blog provides William & Mary law student-generated state coverage in the lead up to the Nov. 6 Election

Election Law Society members and students in Prof. Green's Election Law Survey course have begun blogging on state election law topics in the lead up to (and will continue in the aftermath of) the Nov. 6 election. Original stories include interviews with state election officials (e.g., former Ohio Secretary of State Jennifer Brunner), stories about obscure state election statutes, coverage of election preparedness, and much more. We will be posting 6-10 original stories per week through December. See www.stateofelections.com. Congratulations to Anthony Glosson and Jacob Derr, this year's new executive editors (and a big thanks to Brett Piersma, Patrick Genova, and John Loughney for a job well done running the blog last year).

This year's Supreme Court Preview will feature Joan Biskupic of Reuters, Debo Adegbile, Acting President and Director-Counsel of the NAACP Legal Defense & Education Fund, and Michael Carvin of Jones Day who argued on behalf of George W. Bush before the Florida Supreme Court in the 2000 controversy. Appellate attorney Paul Smith of Jenner & Block will moderate. For information on registering for this event, please click here. Students are welcome to attend for free.

Election Law Program Hosts "Colorado Election Law War Game" at Colorado Judicial Conference, Vail, CO, September 11, 2012

The Election Law Program hosted its second Election Law War Game on September 11 in Vail, CO. Colorado election attorneys Martha Tierney and Mario Nicolas argued a hypothetical case involving public access to voted ballots before a three-judge panel comprised of judges from the Colorado Court of Appeals and the Denver District Court. William & Mary Law students Megan Mitchell ‘13 and Jim Orgozalek ‘14 (with assistance from Andrew McCoy ‘13) fully briefed the case under the supervision of the Program’s Co-Director, Professor Rebecca Green, and with input from the Colorado counsel, Colorado’s Director of Elections Judd Choate, and national election law expert Professor Steven Huefner of the Ohio State University’s Michael E. Moritz College of Law. Materials from the event and video of the oral argument will soon be available at www.electionlawissues.org. The Program would like to thank the Colorado Secretary of State's Office for assistance developing ideas for the scenario, and the Deer Creek Foundation for its generous support.

National Election Law expert Rick Hasen of the University of California Irvine School of Law will deliver a talk at William & Mary Law School on his latest work, The Voting Wars. In his book, Professor Hasen chronicles and analyzes the battles over election rules from 2000 to the present. From a nonpartisan standpoint he explores the rising number of election-related lawsuits and charges of voter fraud as well as the decline of public confidence in fair results. He explains why future election disputes will be worse than previous ones—more acrimonious, more distorted by unsubstantiated allegations, and amplified by social media. Professor Hasen's talk, the first of this year's Election Law Speaker Series, is free and open to the public. Tues. Oct. 9, 12:50 in Rm. 124.

Election Law Program Hosts "Virginia Election Law War Game" at the Judicial Conference of Virginia, May 16, 2012

With generous support from the Deer Creek Foundation, the Election Law Program ran its first in a series of state election law "war games" at the Judicial Conference of Virginia in Norfolk, VA on May 16, 2012. Based on a fictional scenario involving a malfunctioning DRE machine in a too-close-to-call US Senate race between Tim Kaine and George Allen in November 2012, the war game had two goals: (1) to troubleshoot a vague Virginia election statute, and (2) to demonstrate for judges and others the unique nature of election litigation. Stefan Passantino of McKenna, Long & Aldridge and Jessica Ring Amunson of Jenner & Block argued the case before a three judge panel consisting of Prof. John Harrison of UVA Law School, Prof. John Levy of William & Mary Law (emeritus), and Prof. Edward Foley of the Moritz School of Law in Ohio (who also serves as an advisor to the project). William & Mary Law students Megan Mitchell '13, Jim Orgozalek '14 and Andrew McCoy '13 helped craft the fact pattern and prepare briefs and other supporting documents. Virginia state court judges, state election administrators, policy makers, technologists and academics attended. More information about the event is available here. Video of the event will soon be available here.

Final Election Law Speaker Series Session: W&M Alum Carolyn Fiddler to speak on "Careers in Political Law," Thursday April 12, 1:00 pm in Rm. 133

Come to the final Election Law Society Speaker Series event of the year! William & Mary alumna Carolyn Fiddler will hold a discussion this Thursday, April 12 at 1 p.m. in Room 133 on careers in election law and political media. Ms. Fiddler is the former Communications Director of the Democratic Legislative Coordinated Campaign (DLCC). FREE PANERA will be served! Please RSVP: rtprovencher@email.wm.edu

Election Law Speaker Series Event: Marc Elias of Perkins Coie on "The Rise of Super PACs," [DATE CHANGE:] March 21, 12:50-1:50, Rm. 141

Partner at Perkins Coie, renowned election law attorney and William & Mary Law School adjunct professor Marc Elias will deliver a talk on "The Rise of SuperPACS." Elias serves as general counsel to the Democratic Senatorial Campaign Committee and represents numerous U.S. Senators and Representatives and their campaigns. Come hear from one of the leaders in the field how candidates are navigating the post-Citizens United campaign finance world. Join us March 15, 12:50-1:50, Rm. 141. Lunch to be provided for those who rsvp [[rgreen,here]]. [NOTE: THIS EVENT WAS ORIGINALLY SCHEDULED FOR March 15]

William & Mary Election Law Symposium: More Money More Problems? Money in Judicial Elections, March 29, 2012

William & Mary's Election Law Program and Election Law Society are pleased to announce the Fifth Annual Election Law Symposium, More Money More Problems? Money in Judiical Elections. Distinguished participants include the Hon. Tom Phillips, Chief Justice, Texas Supreme Court (ret.); the Hon. Marsha Ternus, Chief Justice, Iowa Supreme Court (ret.); the Hon. Brent Benjamin, Justice, West Virginia Supreme Court of Apeals; the Hon. Penny White, Chief Justice, Tennessee Supreme Court (ret.); and prominent campaign finance attorney James Bopp, General Counsel for the James Madison Center for Free Speech. SCOTUSblog's Lyle Denniston will moderate. More information is available here. The Symposium will take place in Room 119 on March 29 at 3:30 A reception will follow. The Symposium is free and open to the public.

Election law attorney and William & Mary graduate, Chris Delacey, will present a talk titled, "Getting a Job in Election Law." Mr. Delacey's talk will be the Election Law Society's third Election Law Speaker Series event, and will take place on November 15, 2011 in Room 127. Lunch will be provided. Please RSVP [[rgreen,here]]. This event is co-sponsored with OCS, so those interested may also RSVP on Symplicity.

John Hardin Young to Speak about Afghan Constitution Building and Electoral Reform, Thursday October 20, 2011 at 12:50, Room 133

Washington, DC election attorney and William & Mary adjunct professor John Hardin Young of Sandler, Reiff, Young & Lamb will present at the Election Law Society's second Election Law Speaker Series Event on October 20, 2011. Mr. Young's talk is titled, "Constitution Building and Electoral Reform in Afghanistan." The talk will take place in Room 133. Please RSVP [[rgreen,here]]. Lunch will be provided. This event is co-sponsored with the International Law Society.

William & Mary's Tidewater Roots Poll Project Starts Up New Recruiting Season

Ten William & Mary Law students working for the Tidewater Roots Poll Project, an Election Assistance Commission-funded project, are actively recruiting students at 4 area colleges to train as poll workers for Election Day 2011. Students Alex Grout '12 and Sam Robinson '11 conceived the project as a means of inspiring a new generation of poll workers in Virginia by connecting experienced poll workers with students eager to learn the ropes. The Project features "intergenerational breakfasts" at which recruited students and experienced Virginia poll workers share a meal and learn from each other about civic engagement in Virginia. For information about the Project or how you can get invovled, email us [[rgreen,here]].

Election Law Speaker Series Event: Josh Rosenstein, September 19, 1:00

Lobbying lawyer Josh Rosenstein will deliver a talk titled, “Pay-to-Play: Cabining Lobbyist and Contractor Participation in the Political Process.” Rosenstein, Vice President and General Counsel at Dutko Worldwide, a prominent Washington lobbying firm, will discuss President Obama’s draft Executive Order governing disclosure of contributions by contractors; the ABA’s recommended bar on lobbyist fundraising for appropriations members; and certain state restrictions (like Colorado’s now-invalid Amendment 54 that barred donations from contractors and their families). Rosenstein's talk will take place in Room 124 at 1:00. Lunch will be provided. Please RSVP by clicking [[rgreen, here]].

William & Mary Law Brings Home the Gold in the Virginia Redistricting Competition

The Virginia Redistricting Competition announced its winners on March 22. The William & Mary Law School team won the U.S. Congressional Governor/Commission division. The W&M Law team also took home a second place finish for its state senate map in the Competition division. The team's narratives (essays describing maps the team submitted) also received distinction from the judges, who noted that the William & Mary Law narratives “set the standard” for the competition. The full results from the Competition are available here. More information about the William & Mary Law team available here.